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Date: 10-31-2020
Case Style:
Case Number: 3:20-cr-00333-HNJ
Judge: Herman N Johnson, Jr.
Court: United States District Court for the Northern District of Alabama (Madison County)
Plaintiff's Attorney: United States District Attorney’s Office, Birmingham, Alabama
Defendant's Attorney:
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Description: Huntsvill, Alabama voyeurism crime charge criminal defense lawyer represented Lance W. Woods, 56, of Cypress Inn, TN, with violating a voyeurism statute that prohibits capturing an image of a private area of an individual without their consent. The incident occurred on April 29, 2019, at a Tennessee Valley Authority facility located in Colbert County, Alabama.
The maximum penalty for video voyeurism is one year in prison.
The Tennessee Valley Authority Police investigated the case. Assistant United States Attorney Michael Pillsbury is prosecuting the case.
VIDEO VOYEURISM
18 U.S. Code § 1801 provides:
(a) Whoever, in the special maritime and territorial jurisdiction of the United States, has the intent to capture an image of a private area of an individual without their consent, and knowingly does so under circumstances in which the individual has a reasonable expectation of privacy, shall be fined under this title or imprisoned not more than one year, or both.
(b) In this section—
(1) the term “capture”, with respect to an image, means to videotape, photograph, film, record by any means, or broadcast;
(2) the term “broadcast” means to electronically transmit a visual image with the intent that it be viewed by a person or persons;
(3) the term “a private area of the individual” means the naked or undergarment clad genitals, pubic area, buttocks, or female breast of that individual;
(4) the term “female breast” means any portion of the female breast below the top of the areola; and
(5) the term “under circumstances in which that individual has a reasonable expectation of privacy” means—
(A) circumstances in which a reasonable person would believe that he or she could disrobe in privacy, without being concerned that an image of a private area of the individual was being captured; or
(B) circumstances in which a reasonable person would believe that a private area of the individual would not be visible to the public, regardless of whether that person is in a public or private place.
(c) This section does not prohibit any lawful law enforcement, correctional, or intelligence activity.
Outcome: An information contains only charges. A defendant is presumed innocent unless and until proven guilty.
Plaintiff's Experts:
Defendant's Experts:
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